TRUST & TRUSTEE SERVICES

We look after the assets of wealthy families, caring for you and future generations through our trustee services. We work with clients from a range of backgrounds, including entrepreneurs, those with inherited wealth, and families that live, or have assets spread across, international boundaries.


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A trust, recognised and protected by law, is an arrangement under which an individual, or company, transfers assets to another person to hold and manage for the benefit of others.

Our initial discussions will seek to clarify:

Your objectives in establishing the trust
Who will benefit from the trust
The nature of the assets that form the trust

In doing so we will gain an understanding of how you arrived at where you are today, and your aspirations for the future. There are often ancillary issues to investigate at the same time, and the trust plan may form part of a wider tax or inheritance plan.
Based on our discussions, we will draft and agree the governing documentation. Once this is agreed, the documentation is executed and we take custody of the assets, which can vary in nature, including:

Family businesses
Homes
Chattels - such as cars and other valuables, investment properties, etc
Traded investment assets

Generally, we work with family advisers and local experts to produce a mix of expertise tailored to your individual or family requirements.

 

AVAILABLE IN THE FOLLOWING JURISDICTIONS

STM FIDECS TRUST COMPANY LIMITED
Montagu Pavilion
8 – 10 Queensway
Gibraltar
GX11 1AA

Telephone: 00350 200 42686

EMAIL US

STM MALTA TRUST & COMPANY MANAGEMENT LIMITED

San Gwakkin Building, Level 1
Triq is-Salib tal-Imriehel
BKR3000 Mriehel
Malta

T: 00 356 213 33210

EMAIL US MORE INFO

STM FIDUCIAIRE LIMITED
3rd Floor,
Windward House
La Route de la Liberation,
St Helier,
JE2 3BQ
Jersey
Channel Island

Telephone: 0044 0 1534 837600

EMAIL US MORE INFO

 

TYPES OF TRUST

There are many ways of classifying trusts, either by what they seek to achieve, or by the technical content of the trust documentation. Some of the major classifications are listed below:

DISCRETIONARY TRUST: the trustees have the power to choose who benefits, how much they receive, and when.
INTEREST IN POSSESSION TRUST: the trustees must pay the trust income to named people for a specified period (usually life). The trust may terminate at the end of this period, or may continue as a Discretionary Trust.
ACCUMULATION AND MAINTENANCE TRUST: often set up to look after children. The income, and perhaps capital, is used to assist with the maintenance of the child, by settling school fees, for example. Any surplus income is accumulated to the capital. The trust ends at a point when the child has become suitably "mature" - usually before the age of 25.

EXPRESS TRUST: the terms of the trust are explicitly agreed between the settlor and the trustee. Most modern trusts are explicitly set down in a lengthy trust deed.
IMPLIED TRUST: where the actions of the parties show a trust arises. An example might be a vendor holding a deposit for goods pending their receipt. The vendor may be considered to be trustee of the deposit in favour of the purchasers.
CONSTRUCTIVE TRUST: sometimes the courts will impose a trust as a remedial mechanism for ensuring that a fair outcome arises.
ASSET PROTECTION TRUST: in some cases the creation of a trust can be registered. Providing the settlor was solvent at the time, the courts will uphold the trust and shield its assets from the claims of future creditors.

RETAINED POWERS TRUST: the settlor of a trust can sometimes retain powers over the assets. These might include powers of investment, but could include others. Where the trust is constructed together with a tax mitigation strategy, the retention of powers by the settlor may serve to negate tax benefits that could otherwise accrue.
CHARITABLE TRUST: created where the objects are exclusively charitable. Gibraltar has its own registry of charitable trusts.
NON-CHARITABLE PURPOSE TRUST: whilst trusts have traditionally been established for the benefit of individuals, the use of trusts in commercial transactions has seen the rise of trusts created for purposes rather than people.

AVAILABLE FROM

STM Group’s professional trustees are happy to work with your personal legal and tax advisors to ensure your trust meets your aspirations.

GIBRALTAR JERSEY MALTA

 
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